Public participation in environmental
decision-making & the Aarhus Convention
“Implementing the Aarhus Convention today: Paving the way to a better environment and governance tomorrow”
UNECE and OSCE joint event, Almaty, 22-23 May 2012
This presentation will address:
The Aarhus Convention’s requirements regarding public participation in environmental decision-making
Some practical issues of implementation
Current work of the Convention’s Task Force on Public Participation in Decision-making
I. The Aarhus Convention’s provisions on public participation in environmental decision-making:
Public participation in decisions on specific activities – article 6 and annex I
Public participation in decisions on genetically modified organisms (GMOs) – article 6, para 11 and GMO amendment
Public participation concerning plans, programmes and policies relating to the environment – article 7
Public participation during the preparation of executive regulations and/or generally applicable legally binding normative instruments – article 8
Public participation in decisions on specific activities – article 6 and annex I
Applies to decisions on whether to permit proposed activities listed in annex I Gives certain rights to the public concerned and some rights to
the public generally
Public = one or more natural or legal persons, and in, accordance with national law or practice, their associations, organizations or groups – article 2, paragraph 4
Public concerned = the public affected or likely to be affected by, or having an interest in, the environmental decision-making. For the purposes of this definition, NGOs promoting
environmental protection and meeting any requirements under national law are deemed to have an interest – article 2, paragraph 5
…cont’d
…cont’d
The public concerned to be informed, either by public notice or individually, early and in an adequate, timely and effective manner, of:
The proposed activity Nature of possible decisions Public authority responsible for making the decision The public participation procedure envisaged (including
timeframes and opportunities to participate) If the activity is subject to national or transboundary EIA
procedure
Public participation procedures must include reasonable timeframes to allow effective public participation
Early participation when all options are open and effective public participation can take place
…cont’d
…cont’d
Applicants should be encouraged to identify public concerned, to enter into discussions and to provide information regarding
the objectives of their application before applying for a permit
All relevant information to be made accessible to public concerned upon request, free of charge, as soon as it becomes available
The public allowed to submit, in writing or, as appropriate, at a hearing, any comments, information, analyses or opinions that it considers relevant to the proposed activity
Due account of outcome of public participation
The public to be promptly informed of decision and decision (including reasons) to be made accessible
These requirements apply equally to updates or changes to existing article 6 decisions
Public participation in decision-making on genetically modified organisms (GMOs)
Currently, Parties must apply the Convention’s public participation requirements on decisions on whether to
permit the deliberate release of GMOs into the environment to the extent feasible and appropriate - article 6, para 11
However:In 2005, Parties to the Aarhus Convention adopted an
amendment to the Convention on public participation in GMO decisions
Will enter into force when ratified by ¾ of Parties at time amendment was adopted.
Has 22 ratifications, needs 5 more ratifications by States who were Parties at the time the amendment was adopted.
…cont’d
…cont’d
Some types of information cannot be kept confidential
Decision-making procedures must be transparent and provide access to the relevant procedural information
Public entitled to submit any comments, information, analyses or opinion it considers relevant
Due account to be taken of outcome of public participation
Text of decision, along with reasons, to be made public
Public participation on plans, programmes and policies – article 7
Plans and programmes:
Each Party must make practical and/or other provisions
for the public to participate during the preparation of plans and programmes relating to the environment
Within a transparent and fair framework
The necessary information must be provided to the public
Reasonable timeframes for the public to be informed, to prepare and to participate effectively
…cont’d
…cont’d
Plans and programmes:
Early public participation, when all options are open and effective public participation can take place
Due account to be taken of the outcome of the public participation
Policies:
Each Party “shall endeavour” to provide opportunities for public participation in the preparation of policies related to the environment
Public participation during the preparation of executive regulations – article 8
Each Party must “strive to promote” effective public participation in the preparation of executive regulations and other legally binding rules that may have a significant effect on the environment
While options are still open
Time-frames sufficient for effective participation should be fixed
Draft rules should be published or otherwise made publicly available
The public should be given the opportunity to comment, directly or through representative bodies
The results of public participation should be taken into account as far as possible
II. Some practical issues of implementation
Ensuring adequate, timely and effective notification – article 6, paragraph 2
Information sufficiently clear and detailed Notification must actually reach public concerned, including
those without easy access (e.g. rural communities without technology, low literacy, women in some communities)
Reasonable timeframes – article 6, paragraph 3 Sufficient time for the public to prepare and participate
effectively
Early public participation, when all options are open – article 6, paragraph 4
All options must truly be open – too late if public authorities have already committed to certain choices or arrangements
…cont’d
…cont’d
Access to all information relevant to decision-making – article 6, paragraph 6
Free of charge Presumption that EIA documentation to be disclosed in its
entirety Effective access (opening hours, convenient location)
Due account to be taken of the outcome of the public participation
– article 6, paragraph 8
Austria’s 2008 Standards on Public Participation, adopted to assist government officials:
“‘Take into account’ means that you review the different arguments brought forward in the consultation from the technical point of view, if necessary discuss them with the participants, evaluate them in a traceable way, and then let them become part of the considerations on the drafting of your policy, your plan, your programme, or your legal instrument”
…cont’d
…cont’d
Public to have access to the text of the decision, along with reasons and considerations on which it is based – article 6, paragraph 9
Some countries require the substance of all comments to be addressed in a written document justifying the final decision, sometimes called a "response document".
Delegation of public participation tasks by public authorities
Neither developers (project applicants) nor consultants hired by them specialising in public participation can ensure the impartiality necessary to properly conduct the public participation procedure in compliance with the Convention.
Therefore, giving developers responsibility for organizing the public participation e.g. making available the relevant information to the public and for collecting comments, would not be compatible with the Convention.
…cont’d
This does not mean that developers, overseen by the competent public authority, must be entirely excluded from the organization of the public participation procedure. For example, the developer may be required to:
Notify the public in line with article 6, paragraph 2, or at least to pay for some of the costs of such notification (e.g. notices in the press or on TV) or
Assist in the organization of public hearings, or
Pay a special fee to cover the costs related to public participation.
III. Aarhus Convention’s Task Force on Public Participation in Decision-making
Current work includes:
Draft recommendations on public participation in environmental decision-making - comments on draft welcome
Call for case studies on public participation in environmental decision-making - new case studies welcome
See: http://www.unece.org/env/pp/ppdm.html
…cont’d
Upcoming events:
Joint event with Protocol on Water and Health on public participation in environmental decision-making: special focus on water and health, Geneva6-8 June 2012
Joint event with Protocol on Strategic Environmental Assessment on public participation in strategic decision-making, Geneva, 29-30 October 2012
Joint event with ANCCLI on public participation in environmental decision-making: special focus on nuclear issues, Luxembourg, 12-14 March 2013 (provisional)
Thank you!
For further information:Website :
http://www.unece.org/env/pp/ppdm.htmlEmail: [email protected]